37.47.602 CHILD PROTECTIVE SERVICES: DEFINITIONS
For purposes of this subchapter, the following definitions apply:
(1) "A person responsible for a child's welfare" means those persons specified in 41-3-102, MCA.
(2) "Case records" means any records maintained by the department relating to reports and investigations of child abuse, neglect, or exploitation. Photographs, video and audio recordings may also be included as part of the case record. The term does not include confidential reports or evaluations, such as psychological evaluations, provided to the department by other professionals, or licensing or registration files of providers licensed, registered, or certified by the department.
(3) "Child abuse or neglect" means that defined in 41-3-102, MCA, including the various definitions for the types of abuse, neglect, and exploitation.
(4) "Confidential information" means information in case records that is restricted by law from being disclosed.
(5) "Department" means the Department of Public Health and Human Services.
(6) "Disclosure" means to release for inspection or copying or to make known or reveal in any manner any information contained in case records.
(7) "Founded report" means that, after an investigation, the department has determined by a preponderance of the evidence that the reported act of child abuse or neglect occurred.
(8) "Report of child abuse, neglect, or exploitation" means a referral alleging that a child may be abused, neglected, or exploited.
(9) "Subject" means the person responsible for a child's welfare who is the alleged perpetrator of the child abuse, neglect, or exploitation.
(10) "Substantiated report" means that, after an investigation, the department has determined by a preponderance of the evidence that the reported act of child abuse or neglect occurred, and that the subject of the report may be disclosed to the appropriate entities as a person that may pose a danger to children.
(11) "Unsubstantiated" means that, after an investigation, the department could not determine by the preponderance of the evidence that the reported abuse or neglect occurred.
History: 2-4-201, 41-3-208, 52-3-205, MCA; IMP, 2-4-201, 41-3-102, 41-3-202, 41-3-205, 52-3-205, MCA; NEW, 1987 MAR p. 1980, Eff. 10/30/87; AMD, 1994 MAR p. 1290, Eff. 5/13/94; AMD, 1994 MAR p. 2433, Eff. 8/26/94; TRANS, from DFS, 1998 MAR p. 657; AMD, 2004 MAR p. 2409, Eff. 10/8/04; AMD, 2015 MAR p. 306, Eff. 7/1/15; AMD, 2020 MAR p. 2434, Eff. 1/1/21.